term exceeding five years, such person is punishable by imprisonment in the state prison not less than ten years. 2. If the subsequent offense is such that upon a first conviction, the offender would be punishable by imprisonment in the state prison for five years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the state prison not exceeding ten years. 3. If the subsequent conviction is for petit larceny, then the person convicted of such subsequent offense is punishable by imprisonment in the state prison not exceeding five years. En. February 14, 1872. Am'd. 1903, 107; 1905, 667. The amendment consists in the substitution of the word "five" for "ten." At the last session of the legislature, sections 666 and 667 were changed, the former being amended, and the latter repealed. Through a mistake in copying the proposed amendment to section 666, the section, as it now stands, leaves a large class of cases unprovided for. The word "ten," on the fourth line of subdivision 1, has been changed to "five," so that where the punishment for a first conviction would be six, seven, eight, nine, or ten years, some penalty shall attach; for a second conviction for an offense punishable, say by seven, or even ten years, entails no penalty. Judge Carroll Cook called the attention of the Commissioner to the error, and requested the amendment.-Code Commissioner's Note. Cal. Rep. Cit. 57, 559; 64, 338; 65, 299; 65, 300; 88, 120; 88, 174; 110, 43; 118, 389; 138, 163; 143, 599; 143, 634; 145, 610; 145, 612. Subd. 2-120, 272; 139, 214. Subd. 3-64, 338; 64, 341. Previous conviction, duty of jury to find on: See post, sec. 1158. § 667. Second offenses, how punished after conviction of attempt to commit a state prison offense. (Repealed.) En. February 14, 1872. Rep. 1903, 108. Cal. Rep. Cit. 47, 115; 61, 137; 61, 436; 109, 298; 110, 43; 138, 162. Subd. 2-109, 297. Subd. 3-49, 393; 73, 442. § 668. Foreign conviction for former offense. Every person who has been convicted in any other state, government, or country, of an offense which, if committed within this state, would be punishable by the laws of this state, by imprisonment in the state prison, is punishable for any subsequent crime committed within this state in the manner prescribed in the last two sections, and to the same extent as if such first conviction had taken place in a court of this state. En. February 14, 1872. Cal. Rep. Cit. 61, 436. See ante, sec. 656. § 669. Second term of imprisonment, when to commence. When any person is convicted of two or more crimes before sentence has been pronounced upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction must commence at the termination of the first term of imprisonment to which he shall be adjudged, or at the termination of the second or other subsequent term of imprisonment, as the case may be. En. February 14, 1872. Cal. Rep. Cit. 61, 436; 76, 519; 86, 429; 132, 348; 135, 343; 145, 186. § 670. When term of imprisonment commences, etc. The term of imprisonment fixed by the judgment in a criminal action commences to run only upon the actual delivery of the defendant at the place of imprisonment, and if thereafter, during such term, the defendant by any legal means is temporarily released from such imprisonment and subsequently returned thereto, the time during which he was at large must not be computed as part of such term. En. February 14, 1872. Cal. Rep. Cit. 61, 436; 86, 429; 132, 347; 135, 341. § 671. Imprisonment for life. Whenever any person is declared punishable for a crime by imprisonment in the state prison for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the court authorized to pronounce judgment upon such conviction may, in its discretion, sentence such offender to imprisonment during his natural life, or for any number of years not less than that prescribed. En. February 14, 1872. Cal. Rep. Cit. 61, 436; 65, 299; 98, 129; 118, 93; 123, 416; 124, 153; 131, 316; 138, 161. § 672. Fine may be added to imprisonment. Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding two hundred dollars, in addition to the imprisonment prescribed. En. February 14, 1872. § 673. Civil rights of convict suspended. A sentence of imprisonment in a state prison for any term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during such imprisonment. En. February 14, 1872. Cal. Rep. Cit. 124, 565. § 674. Civil death. A person sentenced to imprisonment in the state prison for life is thereafter deemed civilly dead. En. February 14, 1872. Cal Rep. Cit. 124, 565; 125, 419. § 675. Limitations on two preceding sections. The provisions of the last two preceding sections must not be construed to render the persons therein mentioned incompetent as witnesses upon the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale or conveyance of property. En. February 14, 1872. Am'd. 1873-4, 435. Cal. Rep. Cit. 124, 565; 124, 566; 125, 419. § 676. Person of convict protected. The person of a convict sentenced to imprisonment in the state prison is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he was not convicted or sentenced. En. February 14, 1872. Cal. Rep. Cit. 125, 419. § 677. Forfeitures. No conviction of any person for crime works any forfeiture of any property, except in cases in which a forfeiture is expressly imposed by law; and all forfeitures to the people of this state, in the nature of a deodand, or where any person shall flee from justice, are abolished. En. February 14, 1872. Cal Rep. Cit. 124, 565; 125, 420. § 678. Valuation in gold coin. Whenever in this code the character or grade of an offense, or its punishment, is made to depend upon the value of property, such value shall be estimated exclusively in United States gold coin. En. Stats. 1873-4, 435. § 679. Coercion or compulsion of persons seeking employment. Any person, or corporation within this state, or agent or officer on behalf of such person or corporation, who shall hereafter coerce or compel any person or pe sons to enter into an agreement, either written or verbal, not to join or become a member of any labor organization, as a condition of such person or persons securing employment or continuing in the employment of any such person or corporation, shall be guilty of a misdemeanor. En. Stats. 1893, 176. § 679a. Limiting sale of convict-made goods. 1. It shall be unlawful for any person to sell, expose for sale, or offer for sale within this state, any article, or articles manufactured wholly or in part by convict or other prison labor, except articles the sale of which is specifically sanctioned by law. 2. Every person selling, exposing for sale, or offering for sale any article manufactured in this state wholly or in part by convict or other prison labor, the sale of which is not specifically sanctioned by law, shall be guilty of a misdemeanor. En. Stats. 1901, 326. § 680. Payment of wages to employees in a bar-room. Every person who shall pay any employee his wages, or any part thereof, while such employee is in any saloon, barroom, or other place where intoxicating liquors are sold at retail, unless said employee is employed in such saloon, bar-room, or such other place where intoxicating liquors are sold, shall be deemed guilty of a misdemeanor. En. Stats. 1901, 660. |